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AP U.S. Government and Politics / Civil Liberties and Civil Rights

Lesson

Selective incorporation

How the 14th Amendment applies rights to the states.

Learning goals

  • Explain why the Bill of Rights did not originally bind state governments in the same way.
  • Define selective incorporation as a case-by-case process.

Explanation

Many protections in the Bill of Rights now limit state governments as well as the national government. That process, often called selective incorporation, is a core civil-liberties story.

The Fourteenth Amendment's due process clause became the bridge. The Supreme Court did not apply every protection at once; it incorporated rights one dispute at a time. That is why a state police search, a state criminal trial, or a local speech ban can raise a federal constitutional question today.

Key terms

  • civil liberties. Constitutional protections against government intrusion, such as speech, religion, and fair-trial rights.
  • selective incorporation. The case-by-case application of Bill of Rights protections to the states through the Fourteenth Amendment.

Common mistakes

  • Assuming the 1791 Bill of Rights always limited city police and state legislatures.
  • Confusing incorporation with a constitutional amendment that listed every right again.

Practice

Original Marlow Works items. Check the answer explanation after you try.

1 of 1Civil Liberties and Civil Rights · hard · free response

A public high school suspends a student for wearing a shirt with a political slogan after the student remains peaceful in class. Using the idea of student speech rights, write a short argument that applies a constitutional principle, reaches a conclusion, and addresses one counterargument.

Original Marlow Works item — not a College Board question.

Take your time—this is practice, not a test.

Answer explanation

Why can a state criminal procedure raise a federal Bill of Rights issue?

Answer. Because courts have incorporated many of those protections against the states through the Fourteenth Amendment.

The same liberty can now bind more than one level of government.

Related resources

External links with reuse status. Marlow Works is independent and does not copy restricted exam or textbook material.

  • Official / link only

    AP U.S. Government and Politics course page

    Official five-unit framework, foundational documents, and skills.

    College Board · All rights reserved · accessed 2026-10-01

    Open source
  • CC BY — attribution required

    Introduction to Political Science

    Open political science background for institutions and behavior.

    Open Textbook Library listing · CC BY · accessed 2026-10-01

    Open source